New South Wales Consolidated Acts

BAPTIST CHURCHES OF NEW SOUTH WALES PROPERTY TRUST ACT 1984 - SECT 33

33 Construction of certain instruments

(1) To the extent to which, by a deed, will or other instrument that takes effect on or after the appointed day, any property:

(a) is devised, bequeathed, given, granted, released, conveyed or appointed to the Baptist Union or any committee of the Baptist Union or any unincorporated agency of the Baptist Union, in each case for the benefit of, or in trust for, any Baptist Church or District Association or for the religious, social, educational or charitable work of any Baptist Church or District Association, or

(b) is payable to, or receivable or recoverable by, the Baptist Union or any committee of the Baptist Union or any unincorporated agency of the Baptist Union, in each case on behalf of any Baptist Church or District Association or for the religious, social, educational or charitable work of any Baptist Church or District Association,

the deed, will or other instrument shall be read and construed as if any reference in it to the Baptist Union or to a committee of the Baptist Union or to any unincorporated agency of the Baptist Union were a reference to the Trust, which shall take, receive or recover, as the case may require, the property in its name, but for the benefit of, or in trust for, the Baptist Church or District Association or for the religious, social, educational or charitable work of the Baptist Church or District Association, as the case may be.

(2) A receipt or acknowledgment for any property that vests in the Trust pursuant to this section shall exonerate the person or persons liable to pay, deliver or transfer the property to the Trust from any liability to see to the application thereof, and from any liability for the loss, misapplication or non-application thereof, if the receipt or acknowledgment:

(a) is executed in accordance with section 13 (2) under the common seal of the Trust, or

(b) is in writing signed by a person or persons purporting to be duly authorised for the purpose by the Trust or any 2 members thereof.

(3) Where, by reason of the provisions of any deed, will or other instrument, conditions attach to any property that vests in the Trust pursuant to this section, the Trust shall hold, manage, administer, sell, exchange, mortgage, lease, dispose of or otherwise deal with the property in accordance with those conditions, but where no conditions attach or in so far as those conditions do not extend or are not applicable to any such property the Trust shall, subject to subsection (5) (b), hold, manage, administer, sell, exchange, mortgage, lease, dispose of or otherwise deal with that property in accordance with section 22 (2).

(4) Where, in the absence of this subsection, any property would fail to vest in the Trust pursuant to this section by reason that:

(a) a former Baptist Church or District Association was dissolved or dispersed or had otherwise ceased to exist, or

(b) a former committee of the Baptist Union or unincorporated agency of the Baptist Union had ceased to exist,

the Baptist Church, District Association, committee or unincorporated agency, as the case may be, shall, for the purpose only of enabling the property so to vest, be deemed not to have ceased to exist.

(5) Where, by reason of the operation of subsection (4), any property vests in the Trust pursuant to this section:

(a) in trust for, or on behalf of, a former Baptist Church or District Association, the Baptist Church or District Association shall, for the purposes of the application of section 29 or 29A to and in respect of that property, be deemed to have ceased to exist immediately after the vesting of the property, or

(b) in trust for, or on behalf of, a former committee of the Baptist Union or unincorporated agency of the Baptist Union, the property shall be dealt with by the Trust in accordance with section 22 (2).